Sunday, October 10, 2004

Damage award in Integra v. Merck

In addition to the suggestion of cert

-->Last week, the U.S. Supreme Court took a step toward accepting Merck's petition of writ of certiorari by inviting the Solicitor General to file a brief expressing the views of the U.S. Government.<--

one notes that the district court was active on September 28, 2004:

District Court Awards Integra LifeSciences $6.37 Million in Damages
PLAINSBORO, N.J., Sept. 28, 2004 (PRIMEZONE) -- Integra LifeSciences Holdings Corporation (Nasdaq:IART) today announced that the United States District Court for the Southern District of California, ruling in the case Integra LifeSciences (et. al.) vs. Merck KGaA, et. al., has ordered Merck KgaA to pay Integra LifeSciences $6.37 million in damages. Integra has filed a motion requesting pre- and post-judgment interest.

The district court ruling follows a June 2003 order of the United States Court of Appeals for the Federal Circuit affirming the trial court's earlier finding that Merck KGaA had infringed four of Integra's licensed patents, vacating the trial court's award of $15 million in damages and remanding the case back to the trial court for further factual development and recalculation of damages.

The lawsuit, which was filed in 1996, alleged that Merck KGaA and a non-profit research institution under contract from Merck KGaA had infringed various United States patents held by The Burnham Institute of San Diego that have been licensed to Integra. The patents at issue relate in various ways to technology involving peptides containing an arginine-glycine-aspartic acid (RGD) sequence or related cell surface receptors. Compounds containing the RGD sequence promote or inhibit cell adhesion by binding receptors called integrins found on the surface of almost every cell in the body. The patents include United States Patent Numbers 4,792,525, 4,879,237, 5,695,997, and 4,789,734.

"We are pleased that the District Court has, once again, awarded substantial damages for Merck's infringement of our patents," said John B. Henneman, III, Executive Vice President and Chief Administrative Officer.

The order of the District Court remains subject to appeal. Accordingly, Integra has not recorded any gain as a result of this order or the earlier jury verdict.


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